HomeMy WebLinkAboutJACKSON LITTLE LEAGUE,-1,A1 (fj
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INSURANCE �� FILE
WORK MAY V&T PROCEED
CLERK OF COUNCIL,
LICENSE AGREEMENT DATE: 3124,187
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TI1IS AGREEMENT, made and entered into this day of
1987, by and between the City of Santa Ana, a municipal
corporation of the State of California, ("CITY") and Jackson
Little League, Inc., a non-profit corporation of the State of
California ("LICENSEE").
Recitals:
W_1 T—N—E_S_S_E T H
1. LICENSEE sponsors and conducts youth recreation
programs at Windsor. Park, a public park owned and operated by
CITY.
2. CITY desires to support public recreation programs
in general, and LICENSEE'S youth recreation programs in
particular. LICENSEE and CITY desire to continue providing public
recreation programs and, in conjunction therewith, intend to
provide for the construction of a concession stand on, Windsor .Park
to be owned by CITY and operated by LICENSEE.
WHEREFORE, in consideration of the mutual and respective
covenants and promises hereinafter contained and made, and subject
-to all the terms and conditions hereof, the parties hereto do
hereby agree as follows:
1. CITY hereby licenses LICENSEE to occupy and use
that certain portion of Windsor Park, and the concession stand to
be built thereon pursuant to this Agreement in the area that is
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designated "Concession Stand Location " on the map attached
hereto, identified as "Exhibit 1" and incorporated herein by -this
reference as though fully set forth, but only for the purposes and
upon and subject to the conditions set .forth hereinafter.
2. The term of this license shall be for the period
commencing upon execution of this Agreement and ending December
31, 1.988, or when this Agreement is terminated as hereinafter
provided, whichever occurs first.
8. City agrees to expend a sum not to exceed Eighty
Thousand Dollars ($80,000.00) in performing or causing to be
performed the fallowing:
A. Preparation of construction plans and
specifications for a concession stand, hereinafter referred to as
said concession stand".
B. Letting a contract for the construction of said
concession stand in conformity with the aforesaid plans and
specifications to -the state of completion of an unfinished, free-
standing building.
C. Provision of initial sewer, water and other utility
hook-ups to said concession stand.
q. Upon completion of construction specified in
paragraph 3, Licensee shall commence: all finishing work to be done
to the said concession stand, including, but not limited to,
installation of bathroom equipment, floor coverings, counters and
counter tops, sink, appliances, electrical outlets and fixtures,
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sanding, painting and all other necessary work, to be done to the
satisfaction of CITY'S Executive Director of Recreation and
Community Services Agency. Permits must be paid for by Little
League for all the above finish work. All finishing work will be
completed within six. (6) months after the work is begun. LICENSEE
agrees to expend an amount equal. to CITY'S contribution set forth
in paragraph 3, above, that is, the sum of Eighty Thousand Dollars
($80,000.00), in money, labor or materials or a combination or
combinations thereof, in performing such finishing work. LICENSEE
shall be responsible and liable for all construction costs
incurred by Licensee, including but not limited to all necessary
costs for supplies, materials, equipment and labor for the
completion of the said concession stand. LICENSEE covenants that
all construction undertaken by LICENSEE, its agents, employees,
representatives, contractors or subcontractors shall be performed
in accordance with CITY'S plans and specifications for
construction and with all. applicable Laws, rules and regulations.
5, LICENSEE covenants and agrees that after completion
of construction, it shall make no additions, deletions,
alterations or modifications to said concession stand, without the
express written approval therefor of CITY.
6. CITY licenses to LICENSEE the use and occupancy of,
and. LICENSEE agrees to occupy and use, said concession stand
solely for the sale of soft drinks, fruit juices, sandwiches, ice
cream, gum, candies, fruit, potato chips and similar items and
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also for the temporary storage of equipment and the conducting of
business incidental to the operation of LICENSEE'S recreation
programs. The sale of tobacco and alcoholic beverages is
expressly prohibited. LICENSEE covenants, by accepting the terms
hereof, that it will not, occupy or use the licensed premises or
said concession stand, or permit or suffer the same to be used,
for any purpose other than those specified herein.
CITY.
7. Title to said concession stand shall be vested in
8. All fixtures .installed by LICENSEE in said
concession stand shall be at its own expense, and upon being
fastened or affixed thereto, shall become a part thereof, whether
or not removable, and shall be and remain at all times a part of
said concession stand and the property of CITY.
9. LICENSEE agrees that all revenues derived from
sales conducted at said concession stand shall be used solely for
the support of youth recreational programs within the City and the
reasonable and necessary expenses of LICENSEE in connection with
LICENSEE'S covenants hereunder, and shall not inure to the
personal benefit of any individual. LICENSEE covenants, by
accepting the terms hereof, that it will not use the revenues nor
permit the use of the revenues derived under this Agreement for
any purpose other than those specified herein. LICENSEE agrees to
keep records to all transactions arising out of the operation of
said concession stand, and to make such records available for
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inspection by CITY, its agents or employees at any time. LICENSEE
shall file or cause to be riled with CITY'S Executive Director of
Recreation and Community Services Agency, no later than January
31zt each year an annual financial report showing cash receipts
and disbursements from all activities within LICENSEE'S operations
within the year preceeding.
10. LICENSEE agrees to cooperate in the prevention,
suppression and. abatement of trespass, vandalism, or other
conditions existing at the licensed premises, which LICENSOR'S
Executive Director of Recreation and Community Services Agency
determines to be detrimental to the public health, safety or
welfare, or not in the best interests of public recreation, and
directs LICENSEE to abate. Upon such direction, LICENSEE shall
abate the condition in the manner reasonably specified in such
directive.
11. CITY makes no warranties or respresentations
concerning the licensed premises nor any means of ingress thereto
or egress therefrom. CITY agrees to provide water and electric
service to said concession stand at no cost, so long as
consumption by LICENSEE is reasonable. CITY reserves the right to
require LICENSEE to pay charges for excessive and unreasonable
consumption of water or electric services as determined by CITY'S
Executive Director of Recreation. and Community Services Agency;
provided, however, LICENSEE may appeal any such charge, to CITY'S
City Manager. LICENSEE shall bear the entire cost of preparation
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and maintenance of said licensed premises, paying for installation
of :Locks, additional lights and other security devices, as well as
any and all other expenses incurred by Licensee under this
Agreement.
12. During the term of this Agreement, LICENSEE shall
maintain the interior and exterior of the concession stand in good
order,' condition and repair, to the satisfaction of CITY'S
Executive director of Recreation and Communty Services Agency.
LICENSEE shall provide adequate waste receptacles in the vicinity
of -the concession. stand and shall keep said concession stand and
the surrounding premises clear of litter, trash, paper, bottles,
boxes and other debris or unsightly rubbish occurring from -the
exercise of the license: herein granted.
1.3. Any increased cost to CITY of operating,
maintaining, repairing, reconstructing or improving the said
concession stand, the rest of the licensed premises or the CITY
property immediately adjacent to the licensed premises, which
results directly or indirectly from LICENSEE'S use or maintenance
of the licensed premises, shall be borne by LICENSEE and
reimbursed to CITY on demand.
14. LICENSEE shall comply with all laws, rules and
regulations of the United States of America, the State of
California, the County of Orange, the City of Santa Ana and all
applicable governmental entities, agencies, boards, commissions
and bureaus thereof in the exercise of the license granted herein.
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15. Either party may terminate this Agreement upon
thirty (30) days prior written notice to the other. Notice under
this Agreement is sufficient if delivered by prepaid U.S. Mail on
by personal delivery •L- o :
a.. City of Santa Ana
20 Civic Center Plaza
Santa. Ana,, California 92701
Attn: Clerk of the Council
b. Jackson Little League
Martha Bra.mbila, President
11549 Azalea Ave.
Fountain Valley, CA 92705
or such other address as may be specified by either party in
writing as specified herein.
16, At the termination of the license hereby granted,
or in the event of LICENSEE'S discontinuance of the use of the
licensed premises, LICENSEE shall immediately and at its own
expense, restore the licensed premises, as nearly as practicable
to the same state and condition in which it existed prior to the
use by LICENSEE as directed by C,ITY'S Executive :Director of
Recreation and Community Services Agency. Should LICENSEE in such
event, fail., neglect or refuse to restore said premises, or said
concession stand, such restoration may be performed by CITY, at
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the expense of LICENSEE, which expense LICENSEE agrees to pay to
CITY upon demand.
17. LICENSEE shall obtain at its sole cost and file
with. CITY'S Clerk of the Council, prior to exercising any right or
performing any obligations pursuant to this Agreement, and
maintain for the period covered by this Agreement, a policy or
policies of liability insurance, or a certificate of such
insurance, satisfactory to CITY'S City Attorney, naming CITY, its
officers, agents and employees as insured or additional insured,
which provides coverage not less than that provided in the form of
a comprehensive general liability insurance policy against
liability for any and all claims and suits for damages or injuries
to persons or property resulting from or arising out of operations
of LICENSEE, its officers, agents and employees. Said policy or
policies of insurance shall provide coverage for both bodily
injury and property damage in not less than the following minimum
amounts: five Hundred Thousand Dollars ($500,000.00) combined
single limit; or bodily injury, Two Hundred Fifty Thousand Dollars
($250,000.00) per person and Five Hundred Thousand Dollars
($500,000.00) each occurrence; property damage, One Hundred
Thousand Dollars ($100,000.00) each occurrence and Two Hundred
Thousand Dollars ($200,000.00) aggregate. Said policy or policies
shall also contain a provision that no termination, cancellation
or change of coverage of insured or additional. insured shall be
effective until after thirty (30) days notice -thereof has been.
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given. in writing to CITY. LICENSEE shall give to CITY prompt and
timely notice of any claim made or suit instituted. Insurance
coverage specified herein constitutes the minimum requirements and
said requirements shall in no way lessen or limit the liability of
LICENSEE under this Agreement.
18. LICENSEE shall obtain at its sole cost and file
with CITY'S Clerk of the Council, and maintain for the period
covered by this Agreement a policy or policies of multiple peril
insurance, or a certificate of such insurance, satisfactory to
CITY`S City Attorney, which provides coverage for complete or
partial loss of or damage to said concession stand or the contents
thereof due to fire, theft or vandalism. If LICENSEE now, or at
any •time during the course of this Agreement, qualifies as an
employer under Labor Code Section 3300, unless the hired
employee(s) come(s) within those persons excluded under the Labor
Code, LICENSEE shall furnish CITY with an insurance certificate
from its workers compensation insurance carrier certifying that it
carries such insurance as is sta•tuto.rily required, and that the
policy will not be cancelled nor the coverage reduced except upon
thirty (30) days prior written, notice to CITY.
19. LICENSEE shall, before exercising any of the other
rights or responsibilities of this Agreement, furnish to CITY and
file with CITY`S Clerk of the Council good and sufficient bonds in
a form to 'be approved 'by CITY' S attorney as follows
a. securing the faithful performance by LICENSEE of
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all. work and -the construction of all improvements referred to in
this License, and within the time herein specified, the amount of
said bond to be ONE THOUSAND DOLLARS ($1,000.00),
b. securing the payment by LICENSEE of all bills for
labor and materials incurred in the construction of any and all
said improvements, and the doing of all work herein agreed to be
done by LICENSEE, the amount of said bond to be ONE THOUSAND
DOLLARS ($1,000.00).
20 CITY, by its officers, agents and employees, shall
have the right of free access to the licensed premises and the
concession stand at all times for the purposes of examining its
use and condition.
21. LICENSEE for itself and its successors, assigns,
officers, agents, employees, guests, contractors and
subcontractors covenants and agrees to indemnify, defend, protect,
keep and, hold harmless CITY, its officers, agents, employees,
successors and assigns from and against any and all actions,
causes of action, claims, demands for damages of any kind or
character arising from any condition of the licensed premises
during the use or occupancy thereof by LICENSEE or from the
conduct or management of or from any work or thing whatsoever done
in or about the licensed premises during the term of said use or
occupancy or arising during -the term of this Agreement from any
act, failure to act, negligence, default, carelessness or neglect
of LICENSEE or any of its successors, assigns, officers, agents,
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employees, guests, contractors, and subcontractors, or arising
from any accident, injury or damage whatsoever, however caused, to
any person or persons, or to the property of any person, persons
corporation or corporations, occurring during said term, on, in or
about the licensed premises, and from and against any and all
loss, costs, charges, expenses and liabilities, including
reasonable attorneys fees, incurred in any such claim or action
or proceeding brought thereon.
LICENSEE further_ agrees to indemnify, defend and save
harmless CITY, its officers, agents, assigns and employees from
liability for any and all workers` compensation recoveries that
may be obtained by agents, assigns, officers, employees or
subcontractors of LICENSEE arising out of or resulting from the
exercise of this license, or the existence of any dangerous or
defective condition on or about the licensed premises.
22. The license hereby granted does not give LICENSEE
any interest in the licensed premises except as herein granted.
LICENSEE hereby covenants that it shall not assign, transfer,
lease, pledge, hypothecate, surrender or otherwise encumber or
dispose of its rights to use the licensed property pursuant to
this Agreement, or otherwise permit any other organization or
persons to occupy or use said premises without the prior express
written approval of CITY. Should CITY approve such transfer of
the license, the terms, covenants, agreements, conditions,
limitations and restrictions herein contained shall be binding
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upon the assigns and successors in interest of LICENSEE in the
licensed premises.
23. In the event LICENSEE fails to perform, keep or
comply with any covenant, condition, restriction or limitation
required to be performed, kept or compiled with by LICENSEE by
this Agreement, CITY may, at its election, revoke the license
granted herein, by serving notice upon LICENSEE of such
revocation. Upon such an occurrence, LICENSEE shall have no
further interest in the licensed premises or any structure
thereon. LICENSEE agree, to assume the liability for reasonable
expenses arising from the breach of any covenant, condition,
restriction or limitation of LICENSEE required by this Agreement,
24. By signing this Agreement, LICENSEE certifies that
it does not discriminate against any employee or applicant for
employment because of race, ancestry, color, religion, sex,
marital status, national origin, age, physical handicap or medical
condition, except as provided by Labor Code 1.420. LICENSEE agrees
to take affirmative action -to ensure that applicants are employed,
and that employees are treated during employment, without regard
to •L•hei.r race, color, religion, sex, marital status, national
origin or ancestry, physical handicap or medical condition, in
connection with employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation and selection for
training including apprenticeship. Such affirmative action shall
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be in accordance with the affirmative action guidelines adopted by
CITY. LICENSEE agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by
CITY setting forth the provisions of this non-discrimination
clause.
LICENSEE agrees to cause the foregoing provisions to be
inserted in all contracts and subcontracts for any work covered by
this Agreement, so that such provisions will be binding upon each
contractor and subcontractor provided that the foregoing
provisions shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
Noncompliance with the affirmative action program will
constitute a breach of the terms of this Agreement.
25. LICENSEE recognizes and understands that this
license may create a possessory interest subject to property
taxation and that LICENSEE may be subject to the payment of
property taxes levied on such interest.
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_111 WITNIP'(D7S WFIER'EOIT, -the parties hereto have exec.afted
this Agreement the date and year f.irst above written,
ATTEST:
L
il- i-de C. Guy '7
elirk of the Council
APPROVED AS TO FORM:
Efia7rd ?ope
City Attorn"
APPROVED AS TO CONTENT:
DVd N. Ream, City Manager
Allen E. Doby, Exec.- Directo�
Recreation & Comm. Serv. Agency
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CITY OF SANTA ANA, a
municipal corporation of
the State of California
Dd-n-i'e-1 14. Young
Mayor
"CITY"
Jackson Little League, Inc.,
a non-profit California corporation
Pre-sideht
fffle_ League
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